Business Registration Commercial
Registration-Under-Commercial Registration Act 1952
_______________________________
1. Who has to apply for the commercial registration.
An ordinary individual or group (ordinary partnership) or any juristic person including any juristic person that is established under other countries' laws and that sets its branch(es) in Thailand and operates any business as stipulated in the ministerial order of Ministry of Commerce is the one who has to apply for the commercial registration.
2. Enterprises that need to be registered. The Minister of Commerce orders the following entrepreneurs to apply for the commercial registration:
(1) The entrepreneur of rice mill, and sawdust mill that use machinery.
(2) Any entrepreneur who trades any or many goods that have the sale income over 20 baht or has such total goods for selling over 500 baht
(3) Any broker or sale agent that does any operation upon any or many goods and such goods totally cost more that 20 baht a day.
(4) Any entrepreneur who does any or many craft(s) or industry(ies) and sells products in a day with the total over 20 baht or in any day can produce goods that totally cost over 500 baht.
(5) Any entrepreneur who operates the transportation by water, by steam ship or by motor boat, by train, by streetcar, by bus, and operates an auction, trades land, lends money, exchanges and trades foreign money, banking bills, bill of exchange and operates a pawnshop and hotel.
(6) Any entrepreneur who lends cassette tapes, video tapes, musical CD, VCD, DVD for entertainment only.
3. Enterprises exempt from the commercial registration. Some enterprises are exempt from the commercial registration:
(1) Ambulating trading, stall trading
(2) Enterprise for maintaining religions or for charity
(3) Enterprise of any juristic person as stipulated in Acts or Royal Decrees
(4) Enterprise of Minister, Government Bureau, Government Department
(5) Enterprise of foundation, association, cooperative
(6) Enterprise that the Minister declares in the Government Gazette
An Announcement of Ministry of Commerce stipulates that any registered partnership or company limited, under the Civil and Commercial Code (in the section of partnership/company), that submits the form of enterprise of partnership/company limited (Form Sor Sor Chor 1) to the partnership/company registrar does not have to register for a commercial certificate. This also includes the enterprise of farmer groups that registered under Revolutionary Announcement No. 141 except for the registered partnership, company limited and public company limited that trade or lend musical cassettes, video tapes, musical CD VCD, DVD for entertainment.
4. Registration for changing information or dissolving enterprise.
In Case that there is a change in the registered items or a dissolving of an enterprise, the entrepreneur has to submit a registration. Items that has to be submitted when they are changed are as follows:
(1) dissolving and /or expansion of some part of enterprise
(2) change of the business name
(3) displacement of the head office
(4) change of a manager
(5) transference of the owner or the manager to a new address
(6) increasing or reduce of capital
(7) displacement, dissolving or expansion of its branch(es), warehouse(s), and sale agent(s)
(8) others for example the change of name or surname of the manager, the incorrect registered items
5. Where to register
5.1 In Bangkok
Business Registration Service Office 1-7 and The Part of Central Business Registration
5.2 Other provinces
5.2.1 Provincial Business Development Office
a) conducts the registration for an enterprise of which the head office is located in the same district as the registration office (normally, the registration office is situated in Muang district) except for these following provinces of which the business registration offices are situated in different districts from the business development offices
- Trang provincial business development office that conducts the business registration has its head offices in Muang Trang district and Kan Tang district
- Nakhon Si Thammarat provincial business development office that conducts business registration has its head offices in Muang Nakhon Si Thammarat district and Pak Panang district
- Phuket provincial business development office that conducts business registration throughout Phuket province
- Songkha provincial business development office that conducts business registration has its head offices in Muang Songkha district and Had Yai district
- Ubon Racha Thani provincial business development office that conducts business registration office has its head offices in Ubon Racha Thani Muang district and Warin Chamrab district
b) conducts business registration for the enterprise that distributes or lends musical cassette tapes, musical CD,VCD,DVD for entertainment only. This kind of enterprise has its head office in the area of those provinces.
5.2.2 district office and sub-district office conduct the business registration for enterprises that have the head office in those districts or sub-districts (except the districts mentioned in 5.2.1)
5.3 In case that a juristic person has a head office aboard and has branches for operation its enterprise in Thailand, the head branch office submits the registration at the commercial registration office in its area.
6. Fees. The fees for each type of registration according to commercial registration Act are as follows:
(1) New business registration 50 baht
(2) Registration for changing items 20 baht/a time
(3) Registration for enterprise dissolving 20 baht
(4) Issuing a substitute for the commercial registration certificate 30 baht/ a substitute
(5) Requesting for the inspection of entrepreneur's documents 20 baht/ a time
(6) Requesting for the officer to make and certify the copy of document 30 baht/ a document
7. Time Due for Business Registration
(1) for a new registration, the enterprise has to be registered within 30 days from the commencement of the operation
(2) Any change from the information in (1) must be registered within 30 days from the changing date
(3) An dissolved enterprise has to be registered within 30 days from the terminating date
(4) In case of a loss of the certificate of business registration, a request for a substitute certificate must be done in 30 days from the date the loss is known
8. Duties of an entrepreneur
(1) apply for the registration to the registrar within the period mentioned in 7
(2) display the certificate of business registration or the substitute at the office where it is disclosed and easily seen.
(3) Arrange a business name sign in front of the head office and the branch office(s) within 30 days from the registering date. The sign must be written in Thai language and must be obviously and easily read. A Roman sign can be included and has to be written identically to the registered business name. The branch office must have the word "branch"
(4) Inform the fact of registered items as the order of the registrar
(5) Accommodate the registrar and the officer(s) who perform their duties in the office of the entrepreneur
9. Punishment
(1) Operating business without registering, giving evidence and with untrue information, not allowing the officers to inspect the office are considered illegal and the entrepreneur must be fined at maximum of 2000 baht. In case of not registering, as a continued guilt, the entrepreneur is liable to a fine at maximum of 100 baht a day until correcting the performance under the Act.
(2) In case of the loss of the certificate and no request for the substitute or not displaying the certificate in a place easily seen and not arranging a business name sign are considered illegal and will face fines at maximum of 200 baht. In case of a continued guilt, the entrepreneur must be responsible for the fine is at maximum of 20 baht a day until the correct performance.
(3) The entrepreneur who defrauds public, combines goods with a will to mingle goods, counterfeits goods or has done other severe dishonesty operations in his/her enterprise will be revoked. After the certificate is revoked, the entrepreneur cannot operate his/her business except being permitted by the Minister of Commerce to register again.
(4) The entrepreneur whose certificate is revoked still operates the business will be liable to a fine at maximum of 10,000 baht or imprisoned at maximum of one year or both fined and imprisoned.
|
